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21 ST CENTURY COMMUNITY LEARNING CENTERS ESSA, Title IV, Part B IDAHO STATE DEPARTMENT OF EDUCATION STUDENT ENGAGEMENT | 21 ST CCLC 650 W STATE STREET, 2ND FLOOR BOISE, IDAHO 83702 208 332 6800 OFFICE WWW.SDE.IDAHO.GOV CREATED 10/02/2017

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Page 1: 21ST CENTURY COMMUNITY LEARNING CENTERS ESSA, Title IV, Part B€¦ · 02/10/2017  · CREATED 10/02/2017 ESSA, Title IV, Part B / Student Engagement / SDE / 3 INTRODUCTION This document

21ST CENTURY COMMUNITY LEARNING CENTERS

ESSA, Title IV, Part B

IDAHO STATE DEPARTMENT OF EDUCATION

STUDENT ENGAGEMENT | 21ST CCLC

650 W STATE STREET, 2ND FLOOR

BOISE, IDAHO 83702

208 332 6800 OFFICE

WWW.SDE.IDAHO.GOV

CREATED 10/02/2017

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TABLE OF CONTENTS

Introduction .................................................................................................................................... 3

Part B – 21ST CENTURY COMMUNITY LEARNING CENTERS. ...................................... 3

SEC. 4201. PURPOSE; DEFINITIONS. ............................................................................... 3

SEC. 4202. ALLOTMENTS TO STATES. ............................................................................ 6

SEC. 4203. STATE APPLICATION. ...................................................................................... 8

SEC. 4204. LOCAL COMPETITIVE SUBGRANT PROGRAM. ...................................... 12

SEC. 4205. LOCAL ACTIVITIES. ........................................................................................ 17

SEC. 4206. AUTHORIZATION OF APPROPRIATIONS. ................................................ 20

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INTRODUCTION

This document contains the excerpt (pages 233 through 244 of the legislation) of Title IV, Part

B, of the ESEA, as amended by the Every Student Succeeds Act (ESSA) of 2015, which is the

authorizing legislation for 21st Century Community Learning Centers.

To read the full document of the ESSA: https://www.ed.gov/essa?src=rn

To read Idaho’s State Consolidated Plan: http://www.sde.idaho.gov/topics/consolidated-plan/

PART B – 21ST CENTURY COMMUNITY LEARNING CENTERS.

SEC. 4201. [20 U.S.C. 7171] PURPOSE; DEFINITIONS.

(a) PURPOSE. —The purpose of this part is to provide opportunities for communities to

establish or expand activities in community learning centers that—

(1) provide opportunities for academic enrichment, including providing tutorial services to help

students, particularly students who attend low-performing schools, to meet the challenging

State academic standards; (in core academic subjects, such as reading and mathematics)

(2) offer students a broad array of additional services, programs, and activities, such as youth

development activities, service learning, nutrition and health education, drug and violence

prevention programs, counseling programs, arts, music, physical fitness and wellness programs,

technology education programs, financial literacy programs, environmental literacy programs,

mathematics, science, career and technical programs, internship or apprenticeship programs,

and other ties to an in-demand industry sector or occupation for high school students that are

designed to reinforce and complement the regular academic program of participating students;

and

(3) offer families of students served by community learning centers opportunities for active and

meaningful engagement in their children’s education, including opportunities for literacy and

related educational development.

(b) DEFINITIONS. —In this part:

(1) COMMUNITY LEARNING CENTER. —The term ‘community learning center’ means an entity

that—

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(A) assists students to meet the challenging State academic standards (in core academic

subjects, such as reading and mathematics) by providing the students with academic

enrichment activities and a broad array of other activities (such as programs and activities

described in subsection (a)(2)) during nonschool hours or periods when school is not in session

(such as before and after school or during summer recess) that—

(i) reinforce and complement the regular academic programs of the schools attended by the

students served; and

(ii) are targeted to the students’ academic needs and aligned with the instruction students

receive during the school day; and

(B) offers families of students served by such center opportunities for active and meaningful

engagement in their children’s education, including opportunities for literacy and related

educational development.

(2) COVERED PROGRAM. —The term ‘covered program’ means a program for which—

(A) the Secretary made a grant under this part (as this part was in effect on the day before the

effective date of this part under the Every Student Succeeds Act); and

(B) the grant period had not ended on that effective date.

(3) ELIGIBLE ENTITY. —The term ‘eligible entity’ means a local educational agency, community-

based organization, Indian tribe or tribal organization (as such terms are defined in section 4 of

the Indian Self-Determination and Education Act (25 U.S.C. 450b)), another public or private

entity, or a consortium of 2 or more such agencies, organizations, or entities.

(4) EXTERNAL ORGANIZATION. —The term ‘external organization’ means—

(A) a nonprofit organization with a record of success in running or working with before and

after school (or summer recess) programs and activities; or

(B) in the case of a community where there is no such organization, a nonprofit organization in

the community that enters into a written agreement or partnership with an organization

described in subparagraph (A) to receive mentoring and guidance in running or working with

before and after school (or summer recess) programs and activities.

(5) RIGOROUS PEER-REVIEW PROCESS. —The term ‘rigorous peer-review process’ means a

process by which—

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(A) employees of a State educational agency who are familiar with the programs and activities

assisted under this part review all applications that the State receives for awards under this part

for completeness and applicant eligibility;

(B) the State educational agency selects peer reviewers for such applications, who shall—

(i) be selected for their expertise in providing effective academic, enrichment, youth

development, and related services to children; and

(ii) not include any applicant, or representative of an applicant, that has submitted an

application under this part for the current application period; and

(C) the peer reviewers described in subparagraph (B) review and rate the applications to

determine the extent to which the applications meet the requirements under sections 4204(b)

and 4205.

(6) STATE. —The term ‘State’ means each of the 50 States, the District of Columbia, and the

Commonwealth of Puerto Rico.

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SEC. 4202. [20 U.S.C. 7172] ALLOTMENTS TO STATES.

(a) RESERVATION. —From the funds appropriated under section 4206 for any fiscal year, the

Secretary shall reserve—

(1) such amounts as may be necessary to make continuation awards to subgrant recipients

under covered programs (under the terms of those grants);

(2) not more than 1 percent for national activities, which the Secretary may carry out directly or

through grants and contracts, such as providing technical assistance to eligible entities carrying

out programs under this part or conducting a national evaluation; and

(3) not more than 1 percent for payments to the outlying areas and the Bureau of Indian

Education, to be allotted in accordance with their respective needs for assistance under this

part, as determined by the Secretary, to enable the outlying areas and the Bureau to carry out

the purpose of this part.

(b) STATE ALLOTMENTS. —

(1) DETERMINATION.—From the funds appropriated under section 4206 for any fiscal year and

remaining after the Secretary makes reservations under subsection (a), the Secretary shall allot

to each State for the fiscal year an amount that bears the same relationship to the remainder as

the amount the State received under subpart 2 of part A of title I for the preceding fiscal year

bears to the amount all States received under that subpart for the preceding fiscal year, except

that no State shall receive less than an amount equal to one-half of 1 percent of the total

amount made available to all States under this subsection.

(2) REALLOTMENT OF UNUSED FUNDS. —If a State does not receive an allotment under this

part for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the

remaining States in accordance with this part.

(c) STATE USE OF FUNDS. —

(1) IN GENERAL. —Each State that receives an allotment under this part shall reserve not less

than 93 percent (95 percent) of the amount allotted to such State under subsection (b), for

each fiscal year for awards to eligible entities under section 4204.

(2) STATE ADMINISTRATION. —A State educational agency may use not more than 2 percent of

the amount made available to the State under subsection (b) for—

(A) the administrative costs of carrying out its responsibilities under this part;

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(B) establishing and implementing a rigorous peer review process for subgrant applications

described in section 4204(b) (including consultation with the Governor and other State agencies

responsible for administering youth development programs and adult learning activities); and

(C) awarding of funds to eligible entities (in consultation with the Governor and other State

agencies responsible for administering youth development programs and adult learning

activities).

(3) STATE ACTIVITIES. —A State educational agency may use not more than 5 percent (3

percent) of the amount made available to the State under subsection (b) for the following

activities:

(A) Monitoring and evaluating programs and activities assisted under this part.

(B) Providing capacity building, training, and technical assistance under this part.

(C) Conducting a comprehensive evaluation (directly, or through a grant or contract) of the

effectiveness of programs and activities assisted under this part.

(D) Providing training and technical assistance to eligible entities that are applicants for or

recipients of awards under this part.

(E) Ensuring that any eligible entity that receives an award under this part from the State aligns

the activities provided by the program with the challenging State academic standards.

(F) Ensuring that any such eligible entity identifies and partners with external organizations, if

available, in the community.

(G) Working with teachers, principals, parents, the local workforce, the local community, and

other stakeholders to review and improve State policies and practices to support the

implementation of effective programs under this part.

(H) Coordinating funds received under this part with other Federal and State funds to

implement high-quality programs.

(I) Providing a list of prescreened external organizations, as described under section

4203(a)(11).

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SEC. 4203. [20 U.S.C. 7173] STATE APPLICATION.

(a) IN GENERAL. —In order to receive an allotment under section 4202 for any fiscal year, a

State shall submit to the Secretary, at such time as the Secretary may require, an application

that—

(1) designates the State educational agency as the agency responsible for the administration

and supervision of programs assisted under this part;

(2) describes how the State educational agency will use funds received under this part,

including funds reserved for State-level activities;

(3) contains an assurance that the State educational agency—

(A) will make awards under this part to eligible entities that serve—

(i) students who primarily attend—

(I) schools implementing comprehensive support and improvement activities or targeted

support and improvement activities under section 1111(d); and

(II) other schools determined by the local educational agency to be in need of intervention and

support; and

(ii) the families of such students; and

(B) will further give priority to eligible entities that propose in the application to serve students

described in subclauses (I) and (II) of section 4204(i)(1)(A)(i);

(4) describes the procedures and criteria the State educational agency will use for reviewing

applications and awarding funds to eligible entities on a competitive basis, which shall include

procedures and criteria that take into consideration the likelihood that a proposed community

learning center will help participating students meet the challenging State academic standards

and any local academic standards;

(5) describes how the State educational agency will ensure that awards made under this part

are—

(A) of sufficient size and scope to support high-quality, effective programs that are consistent

with the purpose of this part; and

(B) in amounts that are consistent with section 4204(h);

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(6) describes the steps the State educational agency will take to ensure that programs

implement effective strategies, including providing ongoing technical assistance and training,

evaluation, dissemination of promising practices, and coordination of professional development

for staff in specific content areas and youth development;

(7) describes how programs under this part will be coordinated with programs under this Act,

and other programs as appropriate;

(8) contains an assurance that the State educational agency—

(A) will make awards for programs for a period of not less than 3 years and not more than 5

years; and

(B) will require each eligible entity seeking such an award to submit a plan describing how the

activities to be funded through the award will continue after funding under this part ends;

(9) contains an assurance that funds appropriated to carry out this part will be used to

supplement, and not supplant, other Federal, State, and local public funds expended to provide

programs and activities authorized under this part and other similar programs;

(10) contains an assurance that the State educational agency will require eligible entities to

describe in their applications under section 4204(b) how the transportation needs of

participating students will be addressed;

(11) describes how the State will—

(A) prescreen external organizations that could provide assistance in carrying out the activities

under this part; and

(B) develop and make available to eligible entities a list of external organizations that

successfully completed the prescreening process;

(12) provides—

(A) an assurance that the application was developed in consultation and coordination with

appropriate State officials, including the chief State school officer, and other State agencies

administering before and after school (or summer recess) programs and activities, the heads of

the State health and mental health agencies or their designees, statewide after-school

networks (where applicable) and representatives of teachers, local educational agencies, and

community-based organizations; and

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(B) a description of any other representatives of teachers, parents, students, or the business

community that the State has selected to assist in the development of the application, if

applicable;

(13) describes the results of the State’s needs and resources assessment for before and after

school (or summer recess) programs and activities, which shall be based on the results of on-

going State evaluation activities;

(14) describes how the State educational agency will evaluate the effectiveness of programs

and activities carried out under this part, which shall include, at a minimum—

(A) a description of the performance indicators and performance measures that will be used to

evaluate programs and activities with emphasis on alignment with the regular academic

program of the school and the academic needs of participating students, including performance

indicators and measures that—

(i) are able to track student success and improvement over time;

(ii) include State assessment results and other indicators of student success and improvement,

such as improved attendance during the school day, better classroom grades, regular (or

consistent) program attendance, and on-time advancement to the next grade level; and

(iii) for high school students, may include indicators such as career competencies, successful

completion of internships or apprenticeships, or work-based learning opportunities;

(B) a description of how data collected for the purposes of subparagraph (A) will be collected;

and

(C) public dissemination of the evaluations of programs and activities carried out under this

part; and

(15) provides for timely public notice of intent to file an application and an assurance that the

application will be available for public review after submission.

(b) DEEMED APPROVAL. —An application submitted by a State educational agency pursuant to

subsection (a) shall be deemed to be approved by the Secretary unless the Secretary makes a

written determination, prior to the expiration of the 120-day period beginning on the date on

which the Secretary received the application, that the application is not in compliance with this

part.

(c) DISAPPROVAL. —The Secretary shall not finally disapprove the application, except after

giving the State educational agency notice and an opportunity for a hearing.

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(d) NOTIFICATION. —If the Secretary finds that the application is not in compliance, in whole or

in part, with this part, the Secretary shall—

(1) give the State educational agency notice and an opportunity for a hearing; and

(2) notify the State educational agency of the finding of noncompliance and, in such

notification—

(A) cite the specific provisions in the application that are not in compliance; and

(B) request additional information, only as to the noncompliant provisions, needed to make the

application compliant.

(e) RESPONSE. —If the State educational agency responds to the Secretary’s notification

described in subsection (d)(2) during the 45-day period beginning on the date on which the

agency received the notification, and resubmits the application with the requested information

described in subsection (d)(2)(B), the Secretary shall approve or disapprove such application

prior to the later of—

(1) the expiration of the 45-day period beginning on the date on which the application is

resubmitted; or

(2) the expiration of the 120-day period described in subsection (b).

(f) FAILURE TO RESPOND. —If the State educational agency does not respond to the Secretary’s

notification described in subsection (d)(2) during the 45-day period beginning on the date on

which the agency received the notification, such application shall be deemed to be

disapproved.

(g) LIMITATION. —The Secretary may not give a priority or a preference for States or eligible

entities that seek to use funds made available under this part to extend the regular school day.

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SEC. 4204. [20 U.S.C. 7173] LOCAL COMPETITIVE SUBGRANT PROGRAM.

(a) IN GENERAL. —

(1) COMMUNITY LEARNING CENTERS. —A State that receives funds under this part for a fiscal

year shall provide the amount made available under section 4202(c)(1) to award subgrants to

eligible entities for community learning centers in accordance with this part.

(2) EXPANDED LEARNING PROGRAM ACTIVITIES. —A State that receives funds under this part

for a fiscal year may use funds under section 4202(c)(1) to support those enrichment and

engaging academic activities described in section 4205(a) that—

(A) are included as part of an expanded learning program that provides students at least 300

additional program hours before, during, or after the traditional school day;

(B) supplement but do not supplant regular school day requirements; and

(C) are carried out by entities that meet the requirements of subsection (i).

(b) APPLICATION. —

(1) IN GENERAL. —To be eligible to receive a subgrant under this part, an eligible entity shall

submit an application to the State educational agency at such time, in such manner, and

including such information as the State educational agency may reasonably require.

(2) CONTENTS. —Each application submitted under paragraph (1) shall include—

(A) a description of the activities to be funded, including—

(i) an assurance that the program will take place in a safe and easily accessible facility;

(ii) a description of how students participating in the program carried out by the community

learning center will travel safely to and from the center and home, if applicable; and

(iii) a description of how the eligible entity will disseminate information about the community

learning center (including its location) to the community in a manner that is understandable

and accessible;

(B) a description of how such activities are expected to improve student academic achievement

as well as overall student success;

(C) a demonstration of how the proposed program will coordinate Federal, State, and local

programs and make the most effective use of public resources;

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(D) an assurance that the proposed program was developed and will be carried out—

(i) in active collaboration with the schools that participating students attend (including through

the sharing of relevant data among the schools), all participants of the eligible entity, and any

partnership entities described in subparagraph (H), in compliance with applicable laws relating

to privacy and confidentiality; and

(ii) in alignment with the challenging State academic standards and any local academic

standards;

(E) a description of how the activities will meet the measures of effectiveness described in

section 4205(b);

(F) an assurance that the program will target students who primarily attend schools

eligible for schoolwide programs under section 1114 and the families of such students;

(G) an assurance that subgrant funds under this part will be used to increase the level of State,

local, and other non-Federal funds that would, in the absence of funds under this part, be made

available for programs and activities authorized under this part, and in no case supplant

Federal, State, local, or non-Federal funds;

(H) a description of the partnership between a local educational agency, a community-based

organization, and another public entity or private entity, if appropriate;

(I) an evaluation of the community needs and available resources for the community learning

center, and a description of how the program proposed to be carried out in the center will

address those needs (including the needs of working families);

(J) a demonstration that the eligible entity will use best practices, including research or

evidence-based practices, to provide educational and related activities that will complement

and enhance academic performance, achievement, postsecondary and workforce preparation,

and positive youth development of the students;

(K) a description of a preliminary plan for how the community learning center will continue

after funding under this part ends;

(L) an assurance that the community will be given notice of an intent to submit an application

and that the application and any waiver request will be available for public review after

submission of the application;

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(M) if the eligible entity plans to use (senior) volunteers in activities carried out through the

community learning center, a description of how the eligible entity will encourage and use

appropriately qualified persons to serve as the volunteers; and

(N) such other information and assurances as the State educational agency may reasonably

require.

(c) APPROVAL OF CERTAIN APPLICATIONS. —The State educational agency may approve an

application under this part for a program to be located in a facility other than an elementary

school or secondary school only if the program will be at least as available and accessible to the

students to be served as if the program were located in an elementary school or secondary

school.

(d) PERMISSIVE LOCAL MATCH. —

(1) IN GENERAL. —A State educational agency may require an eligible entity to match subgrant

funds awarded under this part, except that such match may not exceed the amount of the

subgrant and may not be derived from other Federal or State funds.

(2) SLIDING SCALE. —The amount of a match under paragraph (1) shall be established based on

a sliding scale that takes into account—

(A) the relative poverty of the population to be targeted by the eligible entity; and

(B) the ability of the eligible entity to obtain such matching funds.

(3) IN-KIND CONTRIBUTIONS. —Each State educational agency that requires an eligible entity to

match funds under this subsection shall permit the eligible entity to provide all or any portion

of such match in the form of in-kind contributions.

(4) CONSIDERATION. —Notwithstanding this subsection, a State educational agency shall not

consider an eligible entity’s ability to match funds when determining which eligible entities will

receive subgrants under this part.

(e) PEER REVIEW. —In reviewing local applications under this part, a State educational agency

shall use a rigorous peer-review process or other methods to ensure the quality of funded

projects.

(f) GEOGRAPHIC DIVERSITY. —To the extent practicable, a State educational agency shall

distribute subgrant funds under this part equitably among geographic areas within the State,

including urban and rural communities.

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(g) DURATION OF AWARDS. —A subgrant awarded under this part shall be awarded for a period

of not less than 3 years and not more than 5 years.

(h) AMOUNT OF AWARDS. —A subgrant awarded under this part may not be made in an

amount that is less than $50,000.

(i) PRIORITY. —

(1) IN GENERAL. —In awarding subgrants under this part, a State educational agency shall give

priority to applications—

(A) proposing to target services to—

(i) students who primarily attend schools that—

(I) are implementing comprehensive support and improvement activities or targeted support

and improvement activities under section 1111(d) or other schools determined by the local

educational agency to be in need of intervention and support to improve student academic

achievement and other outcomes; and

(II) enroll students who may be at risk for academic failure, dropping out of school, involvement

in criminal or delinquent activities, or who lack strong positive role models; and

(ii) the families of students described in clause (i);

(B) submitted jointly by eligible entities consisting of not less than 1—

(i) local educational agency receiving funds under part A of title I; and

(ii) another eligible entity; and

(C) demonstrating that the activities proposed in the application—

(i) are, as of the date of the submission of the application, not accessible to students who would

be served; or

(ii) would expand accessibility to high-quality services that may be available in the community.

(2) SPECIAL RULE. —The State educational agency shall provide the same priority under

paragraph (1) to an application submitted by a local educational agency if the local educational

agency demonstrates that it is unable to partner with a community-based organization in

reasonable geographic proximity and of sufficient quality to meet the requirements of this part.

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(3) LIMITATION. —A State educational agency may not give a priority or a preference to eligible

entities that seek to use funds made available under this part to extend the regular school day.

(j) RENEWABILITY OF AWARDS.—A State educational agency may renew a subgrant provided

under this part to an eligible entity, based on the eligible entity’s performance during the

preceding subgrant period.

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SEC. 4205. [20 U.S.C. 7174] LOCAL ACTIVITIES.

(a) AUTHORIZED ACTIVITIES. —Each eligible entity that receives an award under section 4204

may use the award funds to carry out a broad array of activities that advance student academic

achievement and support student success, including—

(1) academic enrichment learning programs, mentoring programs, remedial education

activities, and tutoring services, that are aligned with—

(A) the challenging State academic standards and any local academic standards; and

(B) local curricula that are designed to improve student academic achievement;

(2) well-rounded education activities, including such activities that enable students to be

eligible for credit recovery or attainment; (mathematics and science activities)

(3) literacy education programs, including financial literacy programs and environmental

literacy programs;

(4) programs that support a healthy and active lifestyle, including nutritional education and

regular, structured physical activity programs;

(5) services for individuals with disabilities;

(6) programs that provide after-school activities for students who are English learners that

emphasize language skills and academic achievement;

(7) cultural programs;

(8) telecommunications and technology education programs;

(9) expanded library service hours;

(10) parenting skills programs that promote parental involvement and family literacy;

(11) programs that provide assistance to students who have been truant, suspended, or

expelled to allow the students to improve their academic achievement;

(12) drug and violence prevention programs and counseling programs;

(13) programs that build skills in science, technology, engineering, and mathematics (referred

to in this paragraph as ‘STEM’), including computer science, and that foster innovation in

learning by supporting nontraditional STEM education teaching methods; and

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(14) programs that partner with in-demand fields of the local workforce or build career

competencies and career readiness and ensure that local workforce and career readiness skills

are aligned with the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301

et seq.) and the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.).

(b) MEASURES OF EFFECTIVENESS. —

(1) IN GENERAL. —For a program or activity developed pursuant to this part to meet the

measures of effectiveness, monitored by the State educational agency as described in section

4203(a)(14), such program or activity shall—

(A) be based upon an assessment of objective data regarding the need for before and after

school (or summer recess) programs and activities in the schools and communities;

(B) be based upon an established set of performance measures aimed at ensuring the

availability of high-quality academic enrichment opportunities;

(C) if appropriate, be based upon evidence-based research that the program or activity will help

students meet the challenging State academic standards and any local academic standards;

(D) ensure that measures of student success align with the regular academic program of the

school and the academic needs of participating students and include performance indicators

and measures described in section 4203(a)(14) (A); and

(E) collect the data necessary for the measures of student success described in subparagraph

(D).

(2) PERIODIC EVALUATION. —

(A) IN GENERAL. —The program or activity shall undergo a periodic evaluation in conjunction

with the State educational agency’s overall evaluation plan as described in section 4203(a)(14),

to assess the program’s progress toward achieving the goal of providing high-quality

opportunities for academic enrichment and overall student success.

(B) USE OF RESULTS. —The results of evaluations under subparagraph (A) shall be—

(i) used to refine, improve, and strengthen the program or activity, and to refine the

performance measures;

(ii) made available to the public upon request, with public notice of such availability provided;

and

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(iii) used by the State to determine whether a subgrant is eligible to be renewed under section

4204(j).

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SEC. 4206. [20 U.S.C. 7176] AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this part $1,000,000,000 for fiscal year

2017 and $1,100,000,000 for each of fiscal years 2018 through 2020.